Ramjee Choudhary vs The State Of Bihar
2021 Latest Caselaw 5449 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.6943 of 2020
     ======================================================

1. Raushan Chaudhary, son of late Ramjee Choudhary, Resident of Majithi urf Basitpur, P.O & P.S.-Gayaghat, District-Muzaffarpur.

2. Rina Devi, widow of Late Ramjee Choudhary, , Resident of Majithi urf Basitpur, P.O & P.S.-Gayaghat, District-Muzaffarpur.

... ... Petitioner/s Versus

1. The State of Bihar, through Principal Secretary, Food and Consumer Protection Department, State of Bihar, Patna.

2. The District Collector/ Magistrate, Muzaffarpur.

3. The Bihar State Foods and Civil Supplies Corporation Limited, through its Managing Director, Khaday Bhawan, Near - R Block Patna.

4. The Sub/Divisional Officer Cum Certificate Officer, Muaffarpur.

5. The District Manager, Bihar State Food and Civil Supply Corporation Ltd., District- Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Krishna Mohan Mishra, Advocate For the State : Mr. U.P.Singh, Ac to SC 4 For the BSFC : Mr. Anjani Kumar, Sr. Advocate Mr. Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 23-11-2021 Re.: I.A. No. 02 of 2020

Considering the facts and circumstances of the case,

application for substitution of the name of original writ

petitioner, namely, Ramjee Choudhary with his legal heirs and

representatives, as mentioned in the cause title of the

application, is allowed.

Accordingly, Interlocutory application is disposed of.

Re.: CWJC No. 6943 of 2020 Patna High Court CWJC No.6943 of 2020 dt.23-11-2021

Mr. Krishna Mohan Mishra, learned counsel

appearing on behalf of the newly impleaded writ petitioners,

states that there is typographical error in the prayer Clause-i of

the writ petition, the date of the impugned order be read as

'29.08.2019' in place of 29.08.2016.

Petitioners have prayed for the following relief(s):- Patna High Court CWJC No.6943 of 2020 dt.23-11-2021

The Collector dismissed the petitioners' appeal

only on the ground that the petitioners had not met the

condition of pre-deposit of 40% of the amount which was

short by Rs. 50 lacs. Impugned order dated 29.08.2019

passed in Appeal Case No. 21/2017-18, titled as M/s Jai

Mata Vaishno Rice Mill Vs. State of Bihar & Ors., is

evident to this effect.

Shri Mishra states that during the time of current

pandemic Covid-19, the original petitioner had expired and

as such the present petitioners, despite financial hardship,

are ready and willing to pursue the matter by meeting the

shortfall of deposit of Rs. 50 lacs, enabling the appellate

authority to pass order in the appeal, on merits.

Shri Mishra further states that the said amount of

Rs. 50 lacs shall be deposited within a period of two weeks

from today.

Patna High Court CWJC No.6943 of 2020 dt.23-11-2021

As such, we set aside the impugned order dated

29.08.2019 in the following terms:-

(a) The appeal shall be restored to its original

number and position;

(b) The petitioners shall appear before the

appropriate authority on 07.12.2021, before which date the

petitioners shall deposit the shortfall of Rs. 50 lacs;

(c) The petitioners shall fully co-operate and not

take any unnecessary adjournment in the proceedings;

(d) Liberty reserved to the parties to place

additional materials in support of their respective

contentions before the appellate authority;

(e) The appellate authority shall pass a speaking

order assigning reasons in accordance with law. This he

shall positively do within a period of three months

thereafter;

(f) With the deposit of Rs. 50 lacs, pre-condition

of deposit of 40% of the amount, would have been met in

view of the observations made by the Collector in the

impugned order itself; and

(g) If the petitioners fail to deposit the said Patna High Court CWJC No.6943 of 2020 dt.23-11-2021

amount, the appeal would be dismissed for non-prosecution.

In view of the aforesaid observations, the present

petition stands disposed of.

Interlocutory application, if any, shall also stand

disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J) Sujit/Ashwini AFR/NAFR CAV DATE Uploading Date 26.11.2021 Transmission Date